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1. PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

3. CONSENT AGENDA

A. Consider a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval.

B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education, Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4551-Interlocal Agreement with Harris County Department of Education).

D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHill, Inc., a consulting and engineering firm for services implementing the Hickory Creek Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof; providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95).

F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments LLC which includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0).

G. Consider adoption of an ordinance to authorize the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC at the Denton Municipal Airport for lease of aircraft ramp space; and providing an effective date. The Airport Advisory Board recommends approval (7-0).

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 5 of the Denton Development Code modifying the height requirement in the General Regulations of the Industrial Center General (IC-G) zoning classification and use designation and adding to the limitations contained in Subchapter 5; providing a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date (DCA10-0005). The Planning and Zoning Commission recommends approval (6-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending certain sections within Subchapters 3, 16, 22, and 23 of the Denton Development Code, relating to gas well drilling and production, definitions, and procedures, as previously amended by Ordinance No. 2010-181; and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and effective date. (DCA10-0006). The Planning and Zoning Commission recommends approval (5-0).

C. Hold a public hearing and consider approval of a resolution accepting the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan for the Downtown area, generally located south of Parkway and Withers Streets, north of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets; and providing an effective date. (SI10-0001). The Planning and Zoning Commission recommends approval (6-0) with conditions.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 7 and September 14, 2010 and calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of the City of Denton to be held on September 7, 2010; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City's Internet website; requiring the posting of the notice on the City's public access channel; and providing an effective date. (Required only if tax rate is proposed to exceed the effective tax rate.)

B. Consider adoption of an ordinance terminating an Economic Development Program under Chapter 380 of the Local government Code for making grants of Public money to promote economic development and to stimulate business activity in the city of Denton; terminating an Economic Development Program Grant Agreement with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of land generally located on the west side of I-35W approximately ¾ mile south of Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0).

C. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building and 36.026 acres of land generally located on the west side of I-35W in the Granite Point Business Park in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0).

D. Consider appointments to the following boards and commissions:

1. Human Services Advisory Committee

2. Library Board

3. Zoning Board of Adjustment

4. Texas Municipal Power Agency Board

E. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

A. Jennifer Lane regarding a bad experience with the justice system.

B. Josh Butler regarding Denton Public Access Television.

C. Dale Branum regarding Denton Public Access Television.

D. Theresa Westbrook regarding Denton Public Access Television.

E. Donna F. Woodfork regarding Denton Public Access Television.

F. John Paul Eddy regarding Denton Public Access Television.

F. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.

G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

Aug 17, 2010 City Council Regular Meeting

Full agenda
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Click here to view Agenda Backup Materials

1. PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

3. CONSENT AGENDA

A. Consider a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval.

B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education, Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4551-Interlocal Agreement with Harris County Department of Education).

D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHill, Inc., a consulting and engineering firm for services implementing the Hickory Creek Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof; providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95).

F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments LLC which includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0).

G. Consider adoption of an ordinance to authorize the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC at the Denton Municipal Airport for lease of aircraft ramp space; and providing an effective date. The Airport Advisory Board recommends approval (7-0).

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 5 of the Denton Development Code modifying the height requirement in the General Regulations of the Industrial Center General (IC-G) zoning classification and use designation and adding to the limitations contained in Subchapter 5; providing a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date (DCA10-0005). The Planning and Zoning Commission recommends approval (6-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending certain sections within Subchapters 3, 16, 22, and 23 of the Denton Development Code, relating to gas well drilling and production, definitions, and procedures, as previously amended by Ordinance No. 2010-181; and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and effective date. (DCA10-0006). The Planning and Zoning Commission recommends approval (5-0).

C. Hold a public hearing and consider approval of a resolution accepting the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan for the Downtown area, generally located south of Parkway and Withers Streets, north of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets; and providing an effective date. (SI10-0001). The Planning and Zoning Commission recommends approval (6-0) with conditions.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 7 and September 14, 2010 and calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of the City of Denton to be held on September 7, 2010; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City's Internet website; requiring the posting of the notice on the City's public access channel; and providing an effective date. (Required only if tax rate is proposed to exceed the effective tax rate.)

B. Consider adoption of an ordinance terminating an Economic Development Program under Chapter 380 of the Local government Code for making grants of Public money to promote economic development and to stimulate business activity in the city of Denton; terminating an Economic Development Program Grant Agreement with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of land generally located on the west side of I-35W approximately ¾ mile south of Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0).

C. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building and 36.026 acres of land generally located on the west side of I-35W in the Granite Point Business Park in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0).

D. Consider appointments to the following boards and commissions:

1. Human Services Advisory Committee

2. Library Board

3. Zoning Board of Adjustment

4. Texas Municipal Power Agency Board

E. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

A. Jennifer Lane regarding a bad experience with the justice system.

B. Josh Butler regarding Denton Public Access Television.

C. Dale Branum regarding Denton Public Access Television.

D. Theresa Westbrook regarding Denton Public Access Television.

E. Donna F. Woodfork regarding Denton Public Access Television.

F. John Paul Eddy regarding Denton Public Access Television.

F. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.

G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

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